Issue 190 of SOCIALIST REVIEW Published October 1995 Copyright © Socialist Review

Brian Roberson is due to be executed by the state of Texas on 10 January 1996 for a crime he did not commit. Nine years ago Brian and his friend Darryl were returning from a nightclub when they stopped to use a public toilet. Unknown to them a murder was being committed two blocks away. The following day Darryl was arrested but died of a brain tumour while in police custody. Brian was later arrested and convicted of murder.

His mother, Bettie Roberson, spoke to us about her anger, 'I hate the sentence that has been passed against my son and I wish that they would demolish that. I don't know much about the legal process but I do know that various mistakes were made at his trial. They did not find a lot of evidence to really convict Brian. They didn't find his fingerprints on the weapons or anything, so they just determined that because he was a young black man in the state of Texas who had a hard go of it he should go to prison. I believe it is really a racial conviction.

'We live in a middle class mixed area and the person who was killed was an elderly white man. Brian had some trouble at school and the authorities followed that back. Brian's father was murdered in 1974 and they argued that Brian had a problem with that and he wanted to retaliate. But you do have to find out if a person is really guilty of these crimes before you sentence them. Brian's trial, which only lasted a week, was mainly looking at the problems that he had in growing up--being hyperactive and this type of thing. So they felt he was upset because his daddy was killed, therefore they thought he probably did go out and kill that man--that's a very strange idea to me.

'The question that I ask is, why is it that the white man who murdered my husband only got 13 years (and he got off after 2 or 3 years) and here is my son who is convicted of this crime and he gets the death penalty? I believe this was racially motivated. They do try and hide the racism but it is still there. During the trial you could just see the bias in the prosecution because Brian is black and it seemed that they made their mind up before the trial began. When it is a black on black crime you only get four or five years, if it's a black on white crime you'll automatically get the death penalty, but if it's a white on white crime (especially here in Texas) they'll smooth it over, say you have a mental problem or something like that--it's disgusting. If a person does a crime they should be punished they shouldn't just be slapped on the wrist and let go--but first you should make sure the person is guilty. This is what I find very disturbing.'

Blacks are overrepresented on death row in Texas. At the Ellis No. 1 Unit in Texas, where Brian is held, the racial breakdown of death row inmates is 157 black, 73 Hispanic, 169 white and five others. Last month they executed their 99th death row prisoner, and since 1976 there have been more executions in Texas than any other state. The governor of Texas, incidentally, is George W Bush, son of the ex-president.

Bettie has been desperate to clear Brian's name and receive justice for her son.

'I sold my home to try and acquire a good lawyer for him. The first attorney was recommended to me, but was not very good. I also hired a private detective because I am desperate to get Brian off and so this exhausted all the money I had. But I felt it was worth it to save my child's life. I have suffered quite a deal after this but I believe the law will prevail and I will get back on my feet eventually. It was worth it to me to try and save Brian's life. Yet still he got the death penalty and this has taken a toll on me and the other three boys.'

She has also been involved in the campaigning group Coalition Against the Death Penalty, in Houston, which is fighting to get the death penalty abolished. 'We would go round and speak at different churches and meetings with mothers and fathers who had sons on death row. We would all get together and explain things to the public. There were people who were opposed to the death penalty and some would come from New York and all over and be in these meetings with us. But then after a time it got to me emotionally and I had to stop working with them.'

The group is still active and organises demonstrations every time someone is due to be executed. Jimmy Dunne, who works with the Coalition Against the Death Penalty, explains, 'We are working with other people in Texas and we have put on a number of demonstrations over the last year--some outside the district attorney's office.'

As Jimmy explains, the use of the death penalty does not act as a deterrent to people commiting murder. 'My main objection is that it causes more murders--it raises the level of violence in society and makes killing more acceptable. It sees killing someone as the solution to the problem, so the average person will solve his problem by going out and killing someone. It's counterproductive and dehumanising. A bill currently going through, which I have spoken against, allows the victims family to go and witness the execution of the person who has been convicted. This is not quite yet law but they are trying to get it passed.'

Often an execution 'goes wrong'. As of February, of 138 lethal injections in the US, at least ten have been botched. In 1988 in Texas the deadly fluids meant for Raymond Landry spurted towards witnesses when a tube, burst. In 1993 Joseph Paul Jernigan had a fully equipped ambulance waiting at the Ellis No. 1 Unit when he was about to be executed to rush his body away from the scene and remove the organs quickly. A few hours after Joseph was executed his body was flown to the Health Science Centre in Dallas, sawn in four and each quarter was frozen. The National Coalition Against the Death Penalty reports that on some occasions it takes nearly 40 minutes to find a vein in a prisoner in which to inject the lethal drug.

Brian Roberson is fighting to have his sentence changed to life imprisonment, but on occasions he finds it tough to keep his spirits up.

He writes to us from prison, 'There has been so much legislation to help expediate executions (murder) that even the new guys on the row are receiving dates within two years now... I see the death penalty as nothing but government sanctioned murder... No doubt this is being orchestrated by the capitalist infrastructure here in corporate "Amerikkka".' And he goes on to talk about the racism in prison, 'Two thirds of the guards are young red necks from the prison supported communities. We have to be dealing with them daily. I neutralise it by refusing to let their immature racism get into my head. I know I'm above it. Every now and then one will say too much and I'll check him about it... Prison has been a business from the very beginning, never rehabilitation. Hell, prison can't rehabilitate because its busy treating you like a sub-human child.'

Bettie explains to us, 'I got to see Brian three weeks ago and he seemed fairly well but he tries to show this in front of me because he always wanted to be the child who had the strong image, because he was worried that I would break. In the meantime I try and hold up so he won't break. You kind of hide your feelings from each other. But it's clear from talking to other people that he has contacted that he is discouraged at times--it's got to that point now. He's frustrated as this is the ninth year that he has been on Death Row. Also in the prison they find things to upset you even though you are already oppressed by being in there. The racism that we have in the outside world also exists inside prison--very much so.

'There's still not supposed to be segregation in Texas but in our town there is. Brian's trial started off with a jury comprising nine black people but somehow the prosecution struck all nine blacks off except one.

'There is still a lot of oppression trying to keep us back, in terms of jobs and housing. We had problems when we first moved into this area--a lot of the whites did not like it. I had four sons and they did not want the boys to play with their little girls, but at school the boys didn't know the difference. I didn't teach my kids the difference between black and white. I taught them about people and love. They didn't know the difference and they felt they could play with both white and black girls.'

Many people are angered by Brian's case and the many other innocent men on death row in Texas. Since we first featured Brian's case in Socialist Review in April this year we have received over a dozen letters from inmates on death row in Texas desperate to get a stay of execution--some asking for nothing more than someone to write to.

Bettie says, 'I have talked with many white people who are prepared to support Brian's case. Some other mothers whose children are on death row are white and we have come together as one family because we share the same pain and feelings. I met two ladies from Holland who were visiting blacks on death row and they didn't approve of it. I was amazed.

'But I also find that my own people have some views on the death penalty that I am surprised about and I wonder if they are in a position of experiencing it. I said to one of the attorneys after the trial that I wish I could have hired one of the best known lawyers in Houston. He said that Brian never would have been found guilty. If you have the money, like OJ, then it's a good chance you won't get the death penalty. This is disturbing to me as I spent all I had and my home to get Brian a fair trial.'

Jimmy Dunne agrees, 'The death penalty is clearly linked with racism and a lot of black people face all white juries or juries with only one black person. OJ is probably the first to have the majority of black jurors--he can afford to hire all those expensive attorneys.'

When we asked Bettie if there is a campaign for Brian at the moment, she replied, 'No, it's something he's doing on his own. As far as I know there is no other campaign. But I appreciate all the letters that have been sent to Brian to support him,' and she goes on to send a message to all readers of Socialist Review.

'I want to send out a plea of mercy for all the inmates--but especially for Brian because he is my son. I want to acknowledge the fact that even if Brian's sentence is overturned to life then it's better than me going down and picking up a dead body. At least then I know that one day Brian will be returning to me and he will be alive.'

Messages of support and donations (in US dollars) to:
Bettie Roberson,
1218 Adelaide Drive,
Dallas 75216, Texas, US
Petitions for the Brian Roberson campaign can be obtained from Socialist Review.